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The concept of significant harm in law and practice
- Authors:
- HARWIN Judith, MADGE Nicola
- Journal article citation:
- Journal of Children's Services, 5(2), June 2010, pp.73-83.
- Publisher:
- Emerald
The Children Act 1989 introduced the concept of significant harm as a threshold test for care proceedings. This paper, examining the value of the concept of significant harm some 20 years after its introduction in the Children Act 1989, first introduces the concept of significant harm and then outlines the profile of children and families in care proceedings, the decision-making process, the interpretation of significant harm in case law, ‘panic’ and its impact on patterns of referrals for case proceedings, and the issue of resources. The author highlights an alternative model of the problem-solving court. While it has been suggested that ‘significant harm’ has stood the test of time, the absence of a clear operational definition is both its strength and its weakness – it allows necessary professional discretion but is vulnerable to external pressures affecting its interpretation. In conclusion, the author states that a more confident workforce and adequate resources are required, but the future role of the court and compulsory care is more contentious. The problem-solving court model may offer a helpful way forward for the scrutiny of significant harm.